MINUTES

BOARD OF CORRECTION

January 26, 1984

A regular meeting of the New York City Board of Correctionwas held on January 26, 1984 at the offices of the Board ofCorrection , 51 Chambers Street , New York.

Members present were Chairman Peter Tufo, Vice-ChairmanJohn Horan, Angelo Giordani, Wilbert Kirby, David Lenefsky,David Schulte, and Rose M. Singer.

An excused absence was approved for Barbara Margolis.

Board staff present were Joe Aulet, Michael Cleary,

Chuck Davis, Erica Dickert, Barbara Dunkel, Judith Ennett,Alison Estess, David Johnson, Laura Limuli, Deirdre Nurre,

Rolando Torres, Barbara Treen, Hamilton Walker, Melba Wiggs

and Richard Wolf.

The meeting was called to order at 2:15 P.M. by Vice-ChairmanJohn Horan. Mrs. Singer requested that the minutes of the

December 6, 1983 meeting be amended to state that the President

of Marymount College, Sister Collette Mahoney, not the staff of

Marymount College, had offered an opportunity for inmates at theCIFW Women's House to enroll in Marymount. Wilbert Kirby moved

that the minutes be accepted. The minutes were approved asamended.

Richard Wolf introduced Hamilton Walker and Jose Aulet, newCorrectional Standards Review Specialists with the Board assignedto the Field Operations Unit.

Michael Cleary discussed the current status of the Board'sbudget. At present, four Correctional Standards Review Specialistpositions are vacant along with one secretary. Under the City'sProgram to Eliminate the Gap (PEG), the Board was directed to planfor a $31,000 reduction in its budget for the upcoming fiscal year.However, the Board was subsequently informed that it would beexempted from any cuts in Fiscal Year 1985, although if the situationchanges these cuts may be reimposed. Therefore, the Boardwill only fill 3 of its 4 standards review specialist positionsuntil the budget for FY85 has been made final. David Schulterequested that copies of the current budget be distributed beforethe Board makes decisions on the future budget.

Chairman Tufo entered the meeting and praised the work ofBarbara Treen, Special Project Coordinator, and Melba Wiggs,Standards Review Specialist, who resigned from the Board staff.

Barbara Dunkel reported on the Court of Appeals decision onBurns v. McCreary. The Court of Appeals affirmed the decision ofthe Appellate Division denying Thomas McCreary access to New YorkCity jails, but did so on other grounds. The Court of Appealsdetermined that the case should not have been considered on themerits by the courts below because the Board has no authority torender an appellate decision binding on the Commissioner regardinghis interpretation of Board standards in individual cases. Becausethe visiting standard gave authority to the Commissioner to revokevisiting passes within his discretion and the Commissioner actedwithin his purview under the standards, the decision of theCommissioner is not reviewable. McCreary has no clear legal rightto reinstatement; therefore the courts cannot compel reinstatement.

Chairman Tufo remarked that the Court stated that the Boardhad no jurisdiction to establish the review procedure in thefirst place. The Board can make findings and recommendations,but it was not given appellate authority. In order to change this,the Board would have to seek a revision in the City Charter.Barbara Dunkel remarked that because the decision was ambiguous,the Department's initial reaction to it would be significant. Itsimpact might be limited to legal assistants' access to the jails.Chairman Tufo expressed regret that the Legal Aid Society hadappealed McCreary.

Chairman Tufo reported that he met with newly-appointedCommissioner of Corrections Jacqueline McMickens.

Commissioner McMickens joined the meeting at 2:35 along withDOC General Counsel Devora Cohn. The Commissioner thanked Boardmembers and staff for their individual congratulations and support.She described her positive working relationship with the Board sincethe early 1970's. She reported that she tells correction officialsaround the country that they should establish organizations likethe New York City Board of Correction in their jurisdictions. Sheexpressed her desire and willingness to establish and maintainopen dialogue with the Board. On the issue of the Department'srequest to amend the Board's standard governing the amount of squarefootage per prisoner in dormitories, she requested that the Boarddefer consideration until her staff had an opportunity to presentits case to the Board's staff on this issue.

The Board deferred consideration of this issue at theCommissioner's request.

David Lenefsky asked what changes the Commissioner wished tosee in the relationship between the Department and the Board.Commissioner McMickens remarked that good communications must beestablished requesting that when the Board becomes aware of un-satisfactory conditions, it inform the Department in a timelyand systematic way. Commissioner McMickens suggested that use ofa common incident form could facilitate better communications.

David Schulte stated that the Department should have areceipting procedure so the Department would have a recordof the recommendations made by Board members. He mentioned thathe had reported the need for bannisters on the public stairwayentrance to the Tombs. Commissioner McMickens agreed that re-commendations should be more systematically reviewed in future.

Chairman Tufo reported that the Board would consider its spacestandard for dormitories at its February meeting. He stated thatBarbara Dunkel would be the official Board contact on the issue.Commissioner McMickens and Ms. Cohn left the meeting.

Chairman Tufo reported on a letter sent to the Board byC. Vernon Mason, an attorney, which asserted that Mason had been"retained to represent a member of present and past employees ofthe Board of Correction." Chairman Tufo stated that no Boardemployee had retained Mason who represents former employees of theDepartment. Charges of sexual harrassment and discriminationhave been brought by black female correction officers against theDepartment. Mr. Tufo reported that Commissioner McMickens hadpromised the Board a careful investigation of the matter.

Wilbert Kirby expressed his belief that there is extensivediscrimination against black correction officers in the Departmentof Correction. Vice-Chairman Horan asked that the Board referthese problems to its personnel subcommittee and that Mr. Mason becontacted and informed of this action.

David Lenefsky expressed concern that the investigation couldtake up an enormous amout of staff time. Chairman Tufo recommendedthat David Johnson work with the personnel subcommittee on apreliminary investigation of this matter.

Chairman Tufo stated that the Board staff had worked hardunder trying circumstances to prepare testimony for presentation toBoard of Estimate on the City's proposed correction constructionplan. He noted that the Board had received several letters praisingits analysis and recommendations on this plan.

In preparation for the February meeting on space standards,Chairman Tufo directed staff to prepare an analysis of the currentutilization of dormitory space.

David Schulte inquired about Judge Morris Lasker's influenceon the Board's decision on square footage. He reported that he hadtoured the modular housing on Rikers Island, and inquired about thepossibility of dayroom space being added to the modular housing.Chairman Tufo answered that modular housing is only a small partof total dorm space. He suggested that the square footage issue

be reviewed on an institution-by-institution basis. David Schulte

questioned whether square footage per detainee was a significantissue for those inmates who are only detained 7 days or less.

Barbara Dunkel discussed the ACA, State Commission, and Boardstandards. David Schulte inquired about the possible use of emptyspace in the front of modular housing units for dayrooms andsuggested the need for the construction or modification of additionalspace to create some privacy.

It was suggested that the Department and Legal Aid be giventhe opportunity to make explanations and recommendations beforethe Board made its decision.

David Schulte inquired whether a certain type of existing dormwas preferable. He was advised that it is believed by correctionsprofessionals that there is no such thing as a "good" dorm fordetainees. David Schulte and Rose Singer stressed the need forsome degree of inmate privacy. One possible design which mightadd privacy would be a configuration in which one dayroomis shared by two modular housing units.

Rose Singer recommended that the new Criminal JusticeCoordinator, Kenneth Conboy, be invited to an upcoming Board meeting.Benjamin Malcolm should also be invited in the future, in hopes thathe could more closely involve the Board with the Parole Board.

Richard Wolf reported on the recent suicide in ARDC. A 19 yearold detainee hung himself in the ARDC punitive segregation area at7:10 P.M. on January 16, 1984. Board staff David Johnson andAlison Estess responded to the scene and investigated. The suicideraises issues of inadequate staffing patterns, insufficientpresence of inmate observation aides, and improper application ofmouth-to-mouth resuscitation. Chairman Tufo requested that thefinal medical examiner's report be obtained.

Barbara Dunkel reported that the Board had received consent tofile an amicus curiae brief with the United States Supreme Court.in the case of Block v. Rutherford. The Board's brief will be adescription of its experiences with contact visiting in the NewYork correction system. Chairman Tufo stated that Judge PeggyDavis will be writing the brief at no cost to the Board. DavidSchulte inquired what the cost of the Board's involvement would

be. Barbara Dunkel suggested that the cost would be minimal,involving only routine costs of document preparation and printing.

Barbara Dunkel raised the Department's amendment request fordenial of recreation for recreation-related offenses. She reportedthat the Department was operating its denial procedure in anacceptable fashion. The Board approved the amendment.

The next Board meeting was scheduled for February 16, 1984at 2:00 P.M. An alternate date was reserved for February 28th.

The meeting was adjourned at 3:55 P.M.